{"id":"F2024L01020","name":"Defence Trade Controls (Australian Military Sales Program item) Determination 2024","slug":"defence-trade-controls-australian-military-sales-program-item-determination-2024","collection":"legislative_instrument","jurisdiction":"commonwealth","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105331,"registerId":"commonwealth-F2024L01020-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name","content":"#### 1 Name\n\n  This instrument is the Defence Trade Controls (Australian Military Sales Program item) Determination 2024.","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n  This instrument commences on 1 September 2024.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Authority","content":"#### 3 Authority\n\n  This instrument is made under section 5AA of the Defence Trade Controls Act 2012.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"#### 4 Definitions\n\n> Note: A number of expressions used in this instrument are defined in the Act, including the following:\n\n    (a) Australian Military Sales Program item;\n    (b) Defence and Strategic Goods List;\n    (c) DSGL goods;\n    (d) DSGL technology.\n  In this instrument:\n\n> Act means the Defence Trade Controls Act 2012.\n\n> AEW&C means Airborne Early Warning and Control.\n\n> aircraft has the same meaning as in the Defence and Strategic Goods List.\n\n> development has the same meaning as in the Defence and Strategic Goods List.\n\n> DSGL Reference Number means the item number in Part 1—Munitions List of the Defence and Strategic Goods List that covers the DSGL goods or DSGL technology.\n\n> production has the same meaning as in the Defence and Strategic Goods List.\n\n> required has the same meaning as in the Defence and Strategic Goods List.\n\n> software has the same meaning as in the Defence and Strategic Goods List.\n\n> technology has the same meaning as in the Defence and Strategic Goods List.\n\n> UAV has the same meaning as in the Defence and Strategic Goods List.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Australian Military Sales Program item","content":"#### 5 Australian Military Sales Program item\n\n  (1) The following DSGL goods and DSGL technology are specified as an Australian Military Sales Program item:\n    (a) DSGL goods or DSGL technology specified in an item of column 2 of the following table that are covered by the DSGL Reference Number in column 3.\n\n| Column 1 | Column 2                                                                 | Column 3              |\n| -------- | ------------------------------------------------------------------------ | --------------------- |\n| Item     | DSGL goods or DSGL technology                                            | DSGL Reference Number |\n| 1        | Ghost Shark Extra-Large Autonomous Undersea Vehicle                      | ML9.                  |\n| 2        | MQ-28A Ghost Bat UAV                                                     | ML10.                 |\n| 3        | E-7A Wedgetail AEW&C aircraft                                            | ML10.                 |\n| 4        | Active Electronically Scanned Array                                      | ML5.                  |\n| 5        | Jindalee Operational Radar Network high-frequency over-the-horizon radar | ML5.                  |\n\n    (b) Components specially designed for DSGL goods covered by an item of the table in paragraph 5(1)(a).\n    (c) Software covered by DSGL Reference Number ML21. specially designed or modified for the development, production, operation or maintenance of any of the following:\n    (i) DSGL goods or DSGL technology covered by an item of the table in paragraph 5(1)(a);\n    (ii) components covered by paragraph 5(1)(b).\n    (d) Technology covered by DSGL Reference Number ML22. specially required for the development, production, operation, installation, maintenance (checking), repair, overhaul or refurbishing of any of the following:\n    (i) DSGL goods or DSGL technology covered by an item of the table in paragraph 5(1)(a);\n    (ii) components covered by paragraph 5(1)(b).","sortOrder":4}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"This Determination narrows and defines the Australian Military Sales Program’s scope by expressly listing five DSGL-covered items (Ghost Shark extra-large AUV; MQ-28A Ghost Bat UAV; E‑7A Wedgetail AEW&C aircraft; Active Electronically Scanned Array; Jindalee Operational Radar Network HF over‑the‑horizon radar) and by including specially designed components, ML21 software, and ML22 technology required for development/production/operation/maintenance (see s5). The instrument itself only designates coverage; it does not set out fees, enforcement mechanisms or operational obligations in this text (authority: s3; coverage: s5)."},"complexity_factors":["Legal basis and timing are explicit but minimal (made under s5AA; commences 1 September 2024) (see ss 2–3).","Relies heavily on cross-references to the Defence and Strategic Goods List for technical definitions and DSGL Reference Numbers (see s4 and s5).","Specifies both named end-items and 'specially designed' components, which require factual/technical interpretation to apply (s5(1)(a)–(b)).","Includes linked categories of software and technology by DSGL reference (ML21 and ML22) with functional qualifiers (development, production, operation, maintenance, etc.), increasing the need to map capabilities to entries in the DSGL (s5(1)(c)–(d)).","Narrow, prescriptive list of items (five named technologies) reduces ambiguity about coverage but shifts complexity to determining whether ancillary items meet the 'specially designed' or 'specially required' tests.","Practical application depends on external technical material (DSGL Part 1 — Munitions List), not contained in this instrument."],"plain_english_summary":"This Determination, made under section 5AA of the Defence Trade Controls Act 2012 and commencing 1 September 2024, designates certain Defence and Strategic Goods List (DSGL) items and their specially designed components, plus specified ML21 software and ML22 technology, as Australian Military Sales Program items. It affects manufacturers, suppliers, maintainers and others dealing with the listed defence goods by bringing those named items within the Program’s legal designation."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"This is a straightforward specification instrument that does exactly what its enabling legislation (section 5AA of the Defence Trade Controls Act 2012) contemplates: it names specific items as 'Australian Military Sales Program items.' The scope remains tightly confined to listing particular DSGL goods and related technology, components, software, and technical data. There is no mission creep or expansion beyond the original statutory purpose."},"complexity_factors":["Short instrument (only 5 sections, approximately 1 page)","Minimal conditional logic—primarily descriptive lists","11 defined terms, but 8 are simply referencing definitions in other documents (the Act or the Defence and Strategic Goods List)","Simple tabular structure for the core content (5 items)","Straightforward cascading coverage (goods → components → software → technology) without nested exceptions","No cross-references to other legislation beyond the parent Act and the DSGL"],"plain_english_summary":"This legislation designates certain high‑tech systems (e.g., Ghost Shark UUV, Ghost Bat drone, Wedgetail aircraft) — plus their specially designed parts, software and technical know‑how — as \"Australian Military Sales Program items.\" \n\nThat classification pulls these items into a streamlined Defence Trade Controls Act regime, affecting defence contractors, exporters and collaborators by clarifying that work on these projects falls under specific military‑sales licensing and access rules, likely speeding allied transfers while retaining strict controls."}},"importantCases":[],"_links":{"self":"/api/acts/defence-trade-controls-australian-military-sales-program-item-determination-2024","history":"/api/acts/defence-trade-controls-australian-military-sales-program-item-determination-2024/history","analysis":"/api/acts/defence-trade-controls-australian-military-sales-program-item-determination-2024/analysis","conflicts":"/api/acts/defence-trade-controls-australian-military-sales-program-item-determination-2024/conflicts","importantCases":"/api/acts/defence-trade-controls-australian-military-sales-program-item-determination-2024/important-cases","documents":"/api/acts/defence-trade-controls-australian-military-sales-program-item-determination-2024/documents"}}